What Is the Statute of Limitations in a California Car Accident Claim?

In most California car accident cases, you generally have two years from the date of the crash to file a personal injury lawsuit, under California Code of Civil Procedure §335.1. This deadline, known as the statute of limitations, applies to injuries to your body such as broken bones, whiplash, or a traumatic brain injury. If you miss it, the court can permanently bar your claim, no matter how strong the underlying facts may be. Because a few situations can shorten or extend this window, it is generally wise to confirm your specific deadline early. Not sure where your case stands? A free case review can help you map the timeline.

Yes, claims for property damage generally carry a longer three-year deadline in California, set by Code of Civil Procedure §338. That means the cost to repair or replace your vehicle and other damaged property typically follows a separate clock from your bodily-injury claim. In practice, many people pursue both together, but the differing deadlines are worth noting if you are focused only on repairs at first. Because insurers may push their own internal timelines, it generally helps to document everything early. Have questions about combining both claims? A legal professional can walk you through the options.

Several exceptions can pause or shorten the standard two-year deadline, so the calendar date is not always the full story. Here are some of the most common:

• Injuries discovered later. Under the discovery rule, the clock may start when you reasonably discover an injury rather than on the crash date, which can matter for symptoms that surface weeks or months later.
• Accidents involving minors. For an injured child, the deadline is generally paused (“tolled”) under Code of Civil Procedure §352 until they turn 18, giving them two years from their 18th birthday to file.
• Claims against government entities. If a city, county, or state vehicle was involved, you generally must file an administrative claim within six months under Government Code §911.2, then have limited time to sue after any denial.
• Fatal accidents. A wrongful death claim generally must be filed within two years of the date of death.

Because these rules can overlap and turn on specific facts, it is generally best to confirm your deadline rather than assume. Unsure which applies to you? A free case review can help clarify things.

Generally, yes. California follows a pure comparative negligence rule, so you may still recover compensation even if you were partly at fault, though your award is typically reduced by your percentage of responsibility. For example, if you are found 20% at fault, your recovery may be reduced by that same 20%. Insurers sometimes lean on fault arguments to lower payouts, so how fault is documented and presented can matter a great deal. Being partly at fault does not automatically end your claim. Want to understand how fault might affect your case? A legal professional can review the details with you.

If the other driver was texting, our Los Angeles distracted driving accident lawyers can help.

The most reliable way to protect your right to compensation is generally to act well before your deadline, while evidence is still fresh. Photos, medical records, a police report, and witness contact information all tend to be easier to gather in the days after a crash than months later. Prompt medical care also helps connect your injuries to the accident. Because early insurer conversations can affect your claim, many people find it helpful to speak with a legal professional before giving a recorded statement. Not sure what step to take first? A free case review is available 24/7.

If an impaired driver caused your crash, our Los Angeles drunk driving accident lawyers can help.